It’s not always easy for patients to tell if they’ve been victims of medical malpractice. At times it’s obvious, but often, the patient doesn’t confirm their suspicions until they seek a second opinion and learn that their condition had been misdiagnosed and was therefore not treated correctly. If the patient was suffering from a misdiagnosed cancer, it could already be life-threatening.
Medical malpractice is a legal remedy for a medical issue. It’s best to discuss the situation with a medical malpractice lawyer in Houston.
Was the Harm Caused by Medical Negligence?
Medical malpractice occurs when a patient has been harmed while being treated. However, in order for this harm to be used as the basis of a lawsuit, there must be negligence.
The key to determining if the patient’s treatment was negligent rests upon whether or not the treatment followed generally accepted methods in the area. Would other doctors or healthcare professionals have treated this problem in the same way? If the doctor’s treatment was below this standard, the duty of care owed to the patient might have been violated.
The Statute of Limitations in Texas
For medical malpractice, the statute of limitations limits how long a patient can wait to file a lawsuit. Lawsuits filed after this time limit will not be allowed. If the insurance company can prove that the patient waited too long to file, they won’t have to pay anything. Protect yourself by discussing your case with a Texas medical malpractice attorney as soon as possible.
1. In most cases, a patient only has two years from the date of the malpractice incident to file a lawsuit.
2. If the patient doesn’t know when the incident occurred that caused the injury, the time limit is two years after the end of the treatment or hospitalization.
Damages
If the lawsuit goes in the patient’s favor, the patient is entitled to damages or monetary compensation.
1. Economic damages cover medical bills and lost wages
2. Non-economic damages cover pain and suffering – this is capped at $250,000 for doctors and other healthcare providers, and $250,000 for hospitals and other institutions
3. Punitive damages could be awarded if the injury occurred because of a malicious act
If you’ve been injured, you need an experienced medical malpractice lawyer in Houston. Ramsey Law Firm will fight to protect your rights and get you the compensation you deserve. Browse the website to learn more and schedule a free initial consultation.
